EAUC Waste Management Seminar Anna Latham Senior Consultant

1. EAUC Waste Management SeminarAnna Latham Senior Consultant www.legalregister.co.uk

2. Content • Definition of waste • Current Legislation and guidance • UK Waste Strategy and the Waste Hierarchy • Forthcoming developments www.legalregister.co.uk

3. What is Waste? • Waste Framework Directive (75/442/EEC, as amended) • “… waste shall mean any substance or object in the categories set out in Annex 1 which the holder discards or intends or is required to discard.” www.legalregister.co.uk

4. Annex 1 www.legalregister.co.uk

5. Controlled Waste Regulations 1992, as amended • Three categories of controlled wastes: • Household • Industrial • Commercial • Wastes to which waste legislation applies • Radioactive wastes outside control www.legalregister.co.uk

6. Current Legislation • Environmental Protection (Duty of Care) Regulations 1991, as amended • Hazardous Waste (England and Wales) Regulations 2005, as amended • Landfill Directive • Waste Electrical and Electronic Equipment Regulations 2006, as amended • Site Waste Management Plan Regulations, 2008 www.legalregister.co.uk

7. Duty of Care • Section 34 of Environmental Protection Act • Keep waste so as to prevent escape from the environment • Transfer waste to a registered carrier / manger (keep copies of licenses) • Keep records and transfer notes – correct EWC codes • Ensure waste is consigned properly (hazardous / non-hazardous) • Check that others in the waste management chain abide by the Duty of Care • Keep records of all waste transfers in a register www.legalregister.co.uk

8. EA Public Register www.legalregister.co.uk

9. License Details www.legalregister.co.uk

10. Environmental Permitting (England and Wales) Regulations 2007 • Replace the Pollution Prevention and Control (England and Wales) Regulations 2000, as amended; and • The Waste Management Licensing Regulations 2004 • Waste management companies will be changing over to Environmental Permits www.legalregister.co.uk

11. Controlled Waste (Registration Of Carriers and Seizure of Vehicles) Regulations 1991, as amended • Made under Control of Pollution (Amendment) Act 1989 • Waste carriers licensing • Can check if a carrier is register on the Environment Agency website • Some organisations will have registered Exemptions • Organisations can carry their own waste (except building or demolition waste) – may change in 2009 www.legalregister.co.uk

12. European Waste Catalogue (EWC) • Defines what wastes are classed as hazardous as per European Hazardous waste Directive (HWD) (91/689/EEC as amended by 94/31/EC) • Implemented by the List of Wastes (England) Regulations 2005 • Hazardous wastes marked with an asterisk • Absolute entries (red) – hazardous regardless of content of dangerous substances e.g. fluorescent tubes, computer monitors, lead-acid batteries • Mirror entries (blue) – hazardous only if a specified threshold of dangerous substances is exceeded in the waste e.g. paint, contaminated packaging www.legalregister.co.uk

13. Guidance - WM2 http://www.environment-agency.gov.uk/subjects/waste/1019330/1217981/1384307/ www.legalregister.co.uk

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17. EA List of Wastes (LOW) Guide • List of most commonly used waste descriptions and their associated EWC codes • http://www.environment-agency.gov.uk/business/444304/444641/595811/1397154/ www.legalregister.co.uk

18. Hazardous Waste Regulations • Implement EC Hazardous Waste Directive (HWD) (91/689/EEC as amended by 94/31/EC) • All sites producing hazardous wastes must notify themselves to the Environment Agency annually • All documentation must have six digit EWC code and site location reference number • Retain Waste Consignment Notes for three years www.legalregister.co.uk

19. Hazardous Waste Regulations • Only transfer to registered waste carrier • Waste management companies (consignee) required to send Quarterly Returns to the EA and the consigner • Audit trail for the EA to trace waste back to the source of production • Regulators undertaking spot checks and checking completeness of documentation • No mixing of hazardous wastes www.legalregister.co.uk

20. Waste Management Chain Consignor Carrier Consignee Final waste management (disposal) facility Organisation producing waste Company transporting waste Register with EA as a producer Must hold waste carriers license Must hold waste management license (Environmental Permit) www.legalregister.co.uk

21. Consignment Notes • Single movement / multiple collection • Should contain: • Unique consignment code • Description of waste • Carrier name • Declaration form consignor • Details of the consignee • Consignee – provide EA with details of all the hazardous waste they have received every 3 months • RETURN from consignee must be sent to consignor – detailing how waste was handled www.legalregister.co.uk

22. Must send returns to consignor Consignor Carrier Consignee Must send details of hazardous waste received every 3 months Environment Agency Must register annually www.legalregister.co.uk

23. SCOTLAND Special Waste Regulations 1996 • No mixing ban • Purchase consignment notes from SEPA • Single • Succession • Carriers Round www.legalregister.co.uk

24. SCOTLAND Special Waste Regulations 1996 • Pre-notification requirement for movements of special waste (at least three days before the expected removal date) • Send copy of consignment note • First and second movements must be pre-notified, but not necessary successive removals (same consignor – consignee) within a year • Transfer notes must contain EWC codes • No need to register with EA if you produce special waste in Scotland but export it for disposal to England or Wales www.legalregister.co.uk

25. NORTHERN IRELAND Hazardous Waste Regulations (Northern Ireland) 2005 • No requirement for registration of premises • No mixing (same as E&W) • Consignment Notes and record keeping – same as for Scotland www.legalregister.co.uk

26. Storing waste • Businesses can store their own waste, as long as it is for no longer than 12 months • If waste is stored for longer than 12 months – permit may be required • General good practice: • Use suitable containers / not damaged • Pick location to avoid vulnerable areas • Cover skips to avoid escape • Label • Don’t store incompatible wastes • Never mix hazardous wastes • Use containment / bunding if necessary www.legalregister.co.uk

27. Environmental Permitting (England and Wales) Regulations 2007, as amendedLandfill (Scotland) Regulations 2003, as amendedLandfill (Northern Ireland) Regulations 2003, as amended • Implement EC Landfill Directive 99/31/EC • Main requirements: • Certain kinds of waste can no longer be sent to landfill for disposal (e.g. non-hazardous liquid wastes and most tyres) • Biodegradable municipal waste will be progressively diverted away from landfill • Landfills will be classified according to whether they accept hazardous, non-hazardous or inert wastes • Wastes must be tested before they can be landfilled (Waste Acceptance Criteria); and • All non-hazardous waste must be treated before being landfilled www.legalregister.co.uk

28. Waste Acceptance Criteria (WAC) • All waste must be tested before landfill to ensure that it meets Waste Acceptance Criteria (WAC) • Three types of WAC: • lists of acceptable wastes (which do not have to be tested); • numerical leaching limit values; and • numerical limit values for other parameters. • Waste Acceptance Procedures (WAP) must be used to assess the waste • Any waste not meeting the criteria will not be accepted at landfill and must be pre-treated before landfill or alternative disposal routes found www.legalregister.co.uk

29. Pre-treatment of Non-Hazardous Waste • Requirement of the Landfill Directive • Treatment must: • Be a physical, thermal, chemical or biological process including sorting; • Change the characteristics of the waste; and • it must do so in order to: • (a) reduce its volume; or • (b) reduce its hazardous nature; or • (c) facilitate its handling; or • (d) enhance recovery. www.legalregister.co.uk

30. http://publications.environment-agency.gov.uk/pdf/GEHO0207BLWJ-e-e.pdfhttp://publications.environment-agency.gov.uk/pdf/GEHO0207BLWJ-e-e.pdf www.legalregister.co.uk

31. Pre-treatment of Non-Hazardous Waste • EA and NI – producers of waste must check with waste contractors if they are pre-treating before landfill • Scotland – more emphasis on regulation via WML for waste contractors www.legalregister.co.uk

32. Landfill Tax • Introduced under Finance Act 1996 • Tax on waste disposed of to landfill, from 1 April 2008: • Inert wastes (those which do not give off gases and do not have the potential to pollute the groundwater) £2.50 per tonne • Other wastes - £32 a tonne • Reviewed every year in the Budget • In 2008, Annual increase of £8 per tonne per year until at least 2010-11 announced (previously £3) www.legalregister.co.uk

33. Waste Electrical and Electronic Equipment (WEEE) Regulations 2006 • Implements WEEE Directive (2002/96/EC) • Member States must achieve a collection rate of at least 4 kilograms on average per inhabitant per year to be achieved by 31 December 2006 • Recovery/reuse and recycling targets per category (by average weight of appliance) also set e.g. Large household: 80/75%; IT & consumer: 75/65% • Producers responsible for financing re-use and recovery of WEEE www.legalregister.co.uk

34. Scope • All equipment dependent on electrical currents or electromagnetic fields • 10 indicative categories: • Large household • Small household • IT and telecommunications • Consumer equipment • Lighting equipment • Electrical and electronic tools • Toys leisure & sports • Medical devices • Monitoring equipment • Automatic dispensers • Indicative, but not exhaustive list of examples in Annex IB www.legalregister.co.uk

35. Who is the producer? “Any person who, irrespective of selling technique used (including internet), including by means of distance • Manufactures and sells his own brand • Re-sells under his own brand • Imports or exports (to another EU country)” These are the people who are financially responsible for recycling WEEE www.legalregister.co.uk

36. Approval and registration of compliance schemes • Regulation of re-processors • Calculation of producer recycling responsibility • Holds the exchange Regulated by EA Approved Authorised Treatment Facility Registration of producers Send WEEE to accredited re-processor Compliance Schemes Clear DCFs Register with a compliance scheme DCF Upgrade civic amenity site network / provide take back PRODUCERS RETAILERS END USERS Send WEEE to DCF where obligated www.legalregister.co.uk

37. Business User Obligations • Business users will be responsible for some historic waste • What is Historical Waste? • Waste products placed on the market before 13 August 2005 • Historical WEEE (placed on the market before 13 Aug 2005) • If no like for like replacement the end business user is responsible for disposal costs • If like for like replacement of equipment – supplier (producer) responsible • New Business WEEE (placed on the market after 13 Aug 2005) • Producer responsible, unless otherwise agreed with business user www.legalregister.co.uk

38. End Users Beware! • The Regulations allow suppliers (producers) to negotiate alternative financing arrangements • This will be a commercial decision and should form part of the supply contract negotiating process • Some (unscrupulous!) producers may try and discharge their recycling obligation by writing into supply contracts that their customer is responsible for re-cycling WEEE at the end of its life • Contracts must be negotiated carefully • Purchasing Staff need to be made aware www.legalregister.co.uk

39. Changes to DoC • Amendments under the Duty of Care made to accommodate WEEE • Business users would have to keep proof to demonstrate that one off consignments of WEEE have been disposed of to an accredited re-processor • Practical considerations: • Segregating WEEE from the main waste stream • Separating WEEE which is your responsibility and a porducer / suppliers responsibility www.legalregister.co.uk

40. Storage of WEEE • WEEE must not be stored for more than three months before it is sent for recovery • No more than 80 cubic metres of WEEE can be stored • WML exemption registration may be required www.legalregister.co.uk

41. Other Producer Responsibility Legislation • Already in place for: • Packaging • End of Life Vehicles • Forthcoming for; • Batteries – Directive shortly to be implemented • Tyres – proposal stage www.legalregister.co.uk

42. Radioactive Substances Act 1993 • Those keeping and using radioactive materials to register with the Regulator • Those disposing of radioactive wastes or accumulating it for subsequent disposal to be authorised. • The certificates of registration or authorisation will include specific detailed arrangements for dealing with the radioactive materials and a copy of this must be prominently displayed www.legalregister.co.uk

43. Site Waste Management Plans • Site Waste Management Plan Regulations 2008 • Apply from 6th April 2008, to all construction projects worth more than £300,000 • If a project is planned before 6 April 2008 and construction work begins before 1 July 2008, you will not need to produce a SWMP • England only - Northern Ireland, Scotland or Wales do not yet need to have a SWMP www.legalregister.co.uk

44. Client Responsibilities • Producing the initial SWMP before construction work begins • Appointing the principal contractor • Passing the SWMP to the principal contractor • Updating the SWMP at least every three months if you decide to manage the project yourself. www.legalregister.co.uk

45. Principal Contractor Responsibilities • Obtaining relevant information from sub-contractors • Updating the SWMP at least every three months as the project progresses • Keeping the SWMP on site during the project • Ensuring that other contractors know where the SWMP is kept • Allowing other contractors and the client access to the SWMP during the project • Handing the completed SWMP back to the client at the end of the project • Keeping a copy of the SWMP for two years www.legalregister.co.uk

46. Content of the Plan • For projects estimated at between £300,000 and £500,000 (excluding VAT) the SWMP should contain details of the: • types of waste removed from the site • identity of the person who removed the waste • site that the waste is taken to. • For projects estimated at over £500,000 additional information required: • a description of the waste • site that the waste was taken to • environmental permit or exemption held by the site where the material is taken. www.legalregister.co.uk

47. At the end of the project, you must review the plan and record the reasons for any differences between the plan and what actually happened. • Exemptions - Part A environmental permit and nuclear licensed sites with Integrated Waste Strategies (IWS) that include construction waste. • Guidance: http://www.netregs-swmp.co.uk/simple-guide-20080406.pdf www.legalregister.co.uk

48. Up coming changes in Legislation • Review of waste framework directive • Changes to WEEE recycling targets • Review of waste carriers and brokers regime • Keeping up to date is important – visit: www.legalregister.co.uk www.legalregister.co.uk

49. The Waste Hierarchy Reduce Reuse Increased sustainability Recycle Recover Disposal www.legalregister.co.uk

50. Help for organisations • Business Resource Efficiency Programme (BREW) – under review • Waste and Resources Action Programme (WRAP) • Envirowise • National Industrial Symbiosis Programme (NISP) www.legalregister.co.uk